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- Chapter 22 Witness Credibility
§ 22.06 UNTRUTHFUL CHARACTER IMPEACHMENT: OVERVIEW
Jurisdiction | United States |
§ 22.06. UNTRUTHFUL CHARACTER IMPEACHMENT: OVERVIEW
Recall from chapter 10 that character evidence is generally inadmissible under Rule 404(a). However, there are exceptions concerning the character of the accused and the victim. A third exception deals with credibility.69 Character is used circumstantially; a person with an untruthful character is more likely to lie than a person with a truthful character.
Here again, there are three possible methods of proof: (1) reputation evidence, (2) opinion evidence, and (3) specific acts. Rule 608(a) sanctions the use of reputation and opinion, a stance consistent with the treatment of character on the merits under Rule 405(a). In contrast to Rule 405(a), specific acts are permitted in this context. Rule 608(b) allows...
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- Chapter 22 Witness Credibility
- §22.01 INTRODUCTION
- § 22.02 PROHIBITION ON BOLSTERING
- § 22.03 IMPEACHMENT OF OWN WITNESS: FRE 607
- § 22.04 BIAS IMPEACHMENT
- § 22.05 IMPEACHMENT: SENSORY AND MENTAL DEFECTS
- § 22.06 UNTRUTHFUL CHARACTER IMPEACHMENT: OVERVIEW
- § 22.07 UNTRUTHFUL CHARACTER — REPUTATION AND OPINION: FRE 608(A)
- § 22.08 UNTRUTHFUL CHARACTER — PRIOR CONVICTION: FRE 609
- § 22.09 UNTRUTHFUL CHARACTER — PRIOR ACTS: FRE 608(B)
- § 22.10 PRIOR INCONSISTENT STATEMENTS: FRE 613
- § 22.11 SPECIFIC CONTRADICTION
- § 22.12 LEARNED TREATISE
- § 22.13 RELIGIOUS BELIEF: FRE 610
- § 22.14 TESTIMONY ON CREDIBILITY
- § 22.15 REHABILITATION
- §22.16 KEY POINTS
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